|
Albany County Jail
Albany, NY
Oct 29, 2017 timesunion.com
$1 million settlement in Albany County jail death case
ALBANY — A private medical company and Albany County have agreed to pay
nearly $1.1 million to the estate of a Troy man who died when nurses waited
more than 12 hours to call an ambulance after he suffered a stroke while
being held at the county jail in August 2014. Last year, an investigation
ordered by the state Commission of Correction determined the care given to
24-year-old Mark Cannon was "so grossly inadequate ... it shocks the
conscience." Mark Cannon, died in August 2014
after suffering a stroke at Albany County jail. Nurses for a private
medical company waited more than 12 hours to call an ambulance and were
harshly criticized by state investigators for "egregious" errors
in care. The settlement was filed recently in U.S. District Court in Albany,
where Cannon's mother had filed a federal lawsuit on behalf of Cannon's
infant daughter. Cannon's symptoms steadily worsened after employees of a
medical company that had a contract with the county brushed off his severe
neurological symptoms as heat exhaustion, instructing guards to give him
water and let him rest. Later that night, Cannon's condition had
deteriorated to the point where he lay nearly motionless on the floor of an
infirmary cell with foam oozing from his mouth. A nurse patted his arm and
wiped away the saliva, wrongly believing Cannon was recovering from a
seizure even though he had no history of medical problems. A nurse finally
contacted a doctor for advice, and he instructed her to immediately call an
ambulance. But it was too late: Cannon lingered for several days at Albany
Medical Center Hospital
before he was removed from life support. Doctors determined
Cannon had suffered a stroke — a loss of blood flow to his brain stem —
that may have been caused by working out in the jail's recreation area on
the day he fell ill. Emergency surgery might have saved his life, but too
many hours had passed after the injury. The state's investigation cited
multiple missteps by nurses, including their repeated failure to
acknowledge the severity of Cannon's symptoms or consult a physician until
it was too late. "Mark Cannon had a progressively deteriorating
neurological situation that was completely disregarded by nursing staff
despite dramatic signs and symptoms of an active neurological emergency and
Cannon's repeated requests for medical care," the investigative report
states. The sharp criticism of Correctional Medical Care, a
Pennsylvania-based private company, came as the state was probing the
company's conduct related to multiple inmate deaths across the state. The
settlement filed in U.S. District Court calls for the company to pay
$999,999, and Albany County to pay $95,000. Neither the company nor the
county acknowledged any wrongdoing. Within weeks of Cannon's death, the
office of New York's attorney general reached an agreement with the company
that allowed it to remain in business in New York with monitoring through
May 2018. The company paid a $200,000 penalty and agreed to improve
staffing levels and training practices. At that time, Correctional Medical
Care had contracts worth more than $32 million a year with 13 county jails
in New York, including Albany and Schenectady counties' facilities Albany
County earlier this year terminated the $3.7 million annual contract it had
with CMC since 2012. In a deposition taken as part of a federal
wrongful-death lawsuit, Sheriff Craig Apple testified the company's
"performance" played a role in his decision, though he said the
change was also based on a better offer from another company. State investigation
reports and court records also reveal that CMC's nurses, two of whom were
later disciplined by the State Education Department, violated multiple
protocols. The failures began the moment a guard called the jail's medical
office at 4:12 p.m. on Aug. 26, 2014, to report that Cannon was having
problems and needed assistance. Instead of going to Cannon's tier to check
him out as required, a nurse told the officer to give Cannon some water and
ask him to lie down. In the hours that followed, Cannon was shuffled back and
forth between his tier and the medical infirmary. At times, cameras showed
him staggering into walls and vomiting. Just after 3 a.m., with new
officers and nursing staff on duty, Cannon was found lying on the floor of
his cell unable to talk. His eyes were open and he was foaming at the
mouth; his legs were stiff and his arms limp. Officers scooped Cannon into
a wheelchair and pushed him toward the infirmary. Videos of the transport
show Cannon's head tilted to the left and his feet dragging beneath him.
Despite his severe symptoms, no one called an ambulance. The state's
investigation determined nurses "failed to conduct a basic nursing and
neurological assessment on a patient with obvious signs and symptoms of a
neurological crisis." Emre Umar of Blue Bell, Pa., is president of CMC, a
for-profit company owned by his wife, Maria Carpio.
Neither are licensed medical professionals. Umar
has acknowledged that for more than 10 years, the company operated in New
York in violation of state law requiring a medical care company to be owned
by a physician. The firm has since restructured to adhere to the law,
although Umar remains in charge of its
operations. Elmer Robert Keach III, the attorney
for Cannon's mother, characterized the settlement as "fair" and
said the money would benefit Cannon's daughter.
Lackawanna
County Jail, Lackawanna County, Pennsylvania
December 15, 2009 Times-Tribune
County commissioners are expected to sign a new contract with the
current Lackawanna County Prison medical care provider today that will
ensure the cost of medical care at the prison, in the future at least, is
not kept secret. But the new contract will be signed despite Correctional
Care's refusal to hand over, or make public, detailed financial records to
prove what the cost of medical care at the prison has been during the last
five years. Meanwhile, the commissioners and county controller's office
approved paying $114,083 to Correctional Care to cover hospital bills,
$75,000 of which was paid without receipts to back up the payment. Not
until last month were county officials given access to the records, and
only then under a confidentiality agreement, which barred discussing or
making copies of the records, or taking notes. Majority Commissioner Mike Washo said the county prison board, of which the
commissioners are a part, made demands of Correctional Care, and those
demands have been met. "We may not have been fully satisfied with
(Correctional Care) not releasing records, but we have to look at the
impact on the county budget. We have to look at the whole picture. I'm
confident we made the right choice," Mr. Washo
said. Though a confidentiality agreement is in place, the county still has
a lawsuit, filed in September, to compel Correctional Care to make public
its financial records related to medical service at the county prison. Part
of the suit is to satisfy the state Office of Open Records, which ruled
that financial records related to Correctional Care's pharmacy must be
turned over to the president of the local chapter of a Catholic human
rights advocacy group. The group, Pax Christi,
represented by the ACLU of Pennsylvania and Cozen O'Connor law firm, has
joined the suit on the county's side. While the county had refused to pay
Correctional Care any additional expenses without first seeing receipts for
payments - the exception is a $143,660 monthly bill required by the
previous contract - the commissioners last month approved two payments to
the vendor for hospital bills. One payment, worth $39,083, was made so
Correctional Care could settle a lawsuit filed by Community Medical Center
against the prison vendor and the county for $135,000. The three parties
settled the matter out of court, said county solicitor Larry Moran, and the
lawsuit was discontinued. CMC spokeswoman Jane Gaul declined to comment on
the settlement. Efforts to reach Dr. Edward Zaloga,
the prison medical director and co-owner of Correctional Care, were
unsuccessful. A second payment of $75,000 was made to Correctional Care to
pay bills at Moses Taylor Hospital. Mr. Washo
said there was concern about whether inmates would be accepted in the
future because bills hadn't been paid. Moses Taylor spokeswoman Meaghan Comerford confirmed Correctional Care made a payment to
the hospital, but declined to comment otherwise. But that second payment to
Correctional Care was not supported by receipts for the expenses, said
county Chief Financial Officer Tom Durkin. Mr. Washo
said the decision to pay $75,000 - without receipts - was made because Mr.
Durkin had reviewed the records for Correctional Care, under the
confidentiality agreement, and determined the county owed at least in
excess of that. "We knew we owed them money. This was an amount we
were comfortable providing them because we saw documentation in excess of
that amount," he said. The county will not make further payments until
Correctional Care has given the county adequate information, Mr. Washo said. Mr. Durkin said he doesn't know yet how
much the county owes Correctional Care under the previous contract - no
other bills have been submitted by the vendor in addition to the hospital
bills. In a countersuit to the county's September lawsuit, Correctional
Care had indicated $471,931 was still owed by the county. Efforts were
unsuccessful to ask Controller Ken McDowell on Monday why his office
approved the payment without backup documentation. Speaking in general
terms on the Correctional Care issue last week, Mr. McDowell said he would
not authorize payment "unless I am satisfied it is reasonable and that
we were provided with satisfactory evidence of such."
December 2, 2009 The Times-Tribune
A national law firm has agreed to represent the local chapter of a
Catholic human rights advocacy group in its fight to obtain financial
records from the medical care provider for Lackawanna County Prison.
Philadelphia-based Cozen O'Connor and the American Civil Liberties Union of
Pennsylvania filed a motion Monday on behalf of Pax
Christi to intervene and join with Lackawanna County in its lawsuit against
its prison health care vendor, Correctional Care Inc. The county lawsuit
asks that Correctional Care be compelled to release detailed financial
records related to pharmaceutical services, so the county can comply with a
state Office of Open Records ruling that found the records must handed over
to Pax Christi. The lawsuit also requests
Correctional Care be compelled to release all financial receipts and
invoices to back up county payments it has received for services. Since the
suit was filed in September, the county and Correctional Care signed a
confidentiality agreement allowing only county Chief Financial Officer Tom Durkin
and county Deputy Controller Reggie Mariani to
view the records. Although a confidentiality agreement is in place,
solicitor John O'Brien said the county is still pursuing release of all
financial records. The motion to intervene taken Monday adds the weight of
Cozen O'Connor and the ACLU to the county's suit. "The more interests,
motivations and legal rights put forward to obtain these documents, the
better chance we have of getting them," said ACLU staff attorney
Valerie Burch. Cozen O'Connor, which recently opened a branch office in
Wilkes-Barre, is one of the largest law firms in the U.S. "Our plan is
to cooperate with the county to get those documents," Cozen O'Connor
attorney Micah Knapp said. Attempts to reach Edward Zaloga,
M.D., owner of Correctional Care, were unsuccessful. Despite the lawsuit,
the county and Correctional Care are in
negotiations on a new contract. The current contract was extended by a
month, until Dec. 15, to work out details on a new contract. Cozen O'Connor
and the ACLU are also seeking a special injunction
to ensure records from Correctional Care's current contract are not
destroyed.
November 11, 2009 The Times-Tribune
The Lackawanna County Prison Board unanimously approved a new contract for
its prison health care vendor based on a proposal that did not include
details other bidders were required to submit. Meanwhile, one of the
rejected bidders said his proposal could have been more cost-effective than
the one submitted by Correctional Care Inc., but county officials did not
give him an opportunity to clarify or negotiate costs in the proposal.
Correctional Care provided no cost estimates for the next three years for
hospitalization, pharmaceuticals or any indication of what staffing levels
will be under the new contract, as required by the county's October request
for proposals. Instead, the company made reference to a large packet of
financial records given to prison board members Oct. 26. Correctional Care
didn't have to provide new information on staffing levels or costs because
the firm has already proven itself, said minority Commissioner A.J. Munchak, a prison board member and longtime friend of
Dr. Edward Zaloga, prison medical director and
co-owner of Correctional Care. Asked if he knew how much it will cost the
county to send inmates to hospitals for treatment under Correctional Care's
proposal, Mr. Munchak said, "I'm not going
to do your research for you." Efforts to reach Dr. Zaloga
were unsuccessful. Tom Durkin, the county's chief financial officer,
estimated the county's cost to send inmates to a hospital under the current
contract with Correctional Care has been less than $103,000 per year, based
on records the vendor provided to the prison board. However, he
acknowledged he could not say for sure how much it cost because the records
were not specific. Because Correctional Care provides no breakdown of
estimated costs for services in its proposal, there is no way to determine
how much the company is budgeting for hospitalization in its $6.7 million
bid, Mr. Durkin acknowledged. How much Correctional Care budgets for
hospitalization matters because the county must pay the difference if costs
exceed the vendor's estimate. Prison board members
raised this concern in rejecting the proposal of Health Professionals
Limited. The Denver, Colo.-based vendor submitted a bid with a price
significantly lower than Correctional Care. Correctional Care's new
contract will cost $187,237 a month, compared to $143,660 a month under the
previous deal. Health Professionals Limited submitted a proposal that would
have cost $147,050 a month. Health Professionals Limited left out the cost
of hospitalization and underestimated staffing needs and the cost of
pharmaceuticals, Mr. Durkin and prison board members said. For instance,
Health Professionals included funding for a physician/medical director who
would work only 12 hours per week. Dr. Zaloga is
at the prison 40 hours a week, Mr. Munchak said.
"They grossly misrepresented themselves," said District Attorney
and prison board member Andy Jarbola. "They
basically tried to misinform us." Dr. Larry Wolk,
chief operations and medical officer of Health Professionals Limited and a
native of Lackawanna County, denied any misrepresentation and said the
company would have answered the prison board's questions if asked. "We
do this for 190 jails in 20 states," Dr. Wolk
said. "To say that we don't know what the cost is,
is pretty inaccurate." The Health Professionals proposal estimated
costs for pharmaceuticals at $140,000 a year. Pharmaceuticals have cost an
average $253,000 a year since Correctional Care took over at the prison in
November 2004, Mr. Durkin said. Dr. Wolk said his
company can obtain lower prices for medications because of its size.
"By our estimates, Lackawanna County is spending a lot, lot more than
they should be (for pharmaceuticals)," he said. Majority Commissioner
Corey O'Brien said the prison board had a sense of staffing levels needed
at the prison and what the cost of hospitalization was. With that
information, it decided Correctional Care offered the better deal. He said
Health Professionals Limited was not called because "we did not have
questions on their proposal." "(Correctional Care was) the
lowest, most responsible bidder," he said. The prison board on Friday
approved a $6.7 million contract with Correctional Care after the county
agreed to a confidentiality agreement that allowed county officials to view
company records, but forbid them from discussing the records, making copies
or taking notes. The county had to file a lawsuit to gain access to
detailed financial records in September after Correctional Care refused to
turn them over. Dr. Wolk said he was surprised by
an arrangement in which a prison medical care provider would retain ownership
and control of receipts, invoices and other financial records related to
billing. "We may be the vendor that's providing the health care, but
we consider that information to be property of the county," Dr. Wolk said.
November 10, 2009 The Times-Tribune
A confidentiality agreement between Lackawanna County and its prison health
care vendor is "legally inappropriate" and does not supersede the
state's Right to Know Law, said attorneys with the American Civil Liberties
Union and Pennsylvania Newspaper Association. Lackawanna County entered
into a confidentiality agreement with Correctional Care Inc. last week,
clearing the way for county officials to inspect financial records of the
vendor. The county filed a lawsuit to gain access to the records in September,
after Correctional Care refused to turn them over. The county's suit was
filed in part so it could comply with a state Office of Open Records ruling
that the records be released to Pax Christi, a
Catholic human rights advocacy group. In October, the ACLU filed suit on
behalf of Pax Christi. The county's suit remains
active, despite the confidentiality agreement, under which county officials
are forbidden to discuss, make copies or take notes related to the
Correctional Care records. The county's position remains that Correctional
Care must release the records to the public, majority Commissioner Corey
O'Brien said Monday. He said the county agreed to the confidentiality
agreement because it was the only way to obtain quick access to the records
before deciding on a new prison health care contract. Correctional Care's
original contract was set to expire Sunday. The Lackawanna County Prison
Board unanimously approved a new three-year, $6.7 million contract with
Correctional Care on Friday. The contract still must be approved by county
commissioners. "We believe it's public
information," Mr. O'Brien said of the financial records.
"(Correctional Care) disagrees. We've not waived any claims with
respect to what is public information." The courts have repeatedly
ruled that confidentiality agreements between a public agency and a second
party are inappropriate and unenforceable, said Melissa Melewsky,
media law counsel for the Pennsylvania Newspaper Association. She
questioned the county awarding a new contract to a vendor that refuses to
release documents that by law are public records. "It's legally
inappropriate. ... And I question why an agency would renew a contract with
someone who doesn't comply with the law," she said. "Any vendor
that doesn't want to recognize legal authority shouldn't be a government
contractor anymore." County Solicitor John O'Brien agreed that a
confidentiality agreement is not enforceable if the records are public -
but said it will take a court decision to determine whether they must be
released. In a defining case, Lackawanna County Judge Terrence R. Nealon ruled in September that records of an agency
vendor are public if the vendor is performing a government function. He
ruled that SWB Yankees, the management group that operates Lackawanna
County's minor-league baseball team and stadium, cannot keep its contracts
with concessionaires secret from taxpayers. The ACLU is reviewing the
action taken by the county and will continue to seek the records on behalf
of Pax Christi, said Valerie Burch, an ACLU staff
attorney. "The right to view these financial records belongs to the
people," she said. "The county does not have the power to
contract that right away." Pax Christi's
determination to obtain the records has not diminished, said Joseph Rogan, Ed.D.,
president of the local chapter. He said he was surprised the county's
one-day review of Correctional Care's books was adequate to award a new
$6.7 million contract. "If this is the way the county conducts its
financial affairs, it's no wonder that it is in such dire straits,"
Dr. Rogan said.
October 3, 2009 The Times-Tribune
A proposal by Correctional Care Inc. to provide medical care to
Lackawanna County Prison will cost $1.2 million more per year than the
service the company currently provides, a review of four medical care
provider proposals shows. But even if county officials went with the lowest
bidder, Correctional Telecare Solutions, the cost
of medical care would be $1.1 million more per year. The county made public
Thursday the four proposals submitted for medical care provider at the
county prison. Last week, the Lackawanna County Prison Board voted 5-2 to
exclusively negotiate a contract with Correctional Care and discard the
three other proposals. The vote came two days after a lawsuit was filed
raising concerns about the accountability of Correctional Care, which has
refused to release financial records to reconcile bills submitted to the
county. The county filed suit Sept. 28 to compel Correctional Care to
release the financial records and information about its pharmacy vendor,
which the company has refused even to name. County taxpayers pay $1.7
million annually to provide medical care to the prison under the current
contract with Correctional Care. But without financial invoices to back up
the cost from Correctional Care, it is unclear what the actual cost is. Dr.
Patrick Conaboy, who submitted a proposal through
a Scranton startup company Epidarus Medical
Management, said he couldn't be sure how accurate his bid was because the prison
was unable to provide direct financial information on its medical care.
"If they were able to supply better information, I think it would have
changed the pricing totally," Dr. Conaboy
said. Dr. Conaboy, who realized he was a
"dark horse" pick because he was a startup company, said he also
offered a one-year contract in his proposal that could be renegotiated once
he understood what the costs were to provide medical care. In its proposal,
Correctional Care priced the cost per year to provide medical care at
between $2,630,287 for 900 inmates and $2,919,619 for 1,000 inmates.
Correctional Telecare, the low bidder, would cost
on average per year between $2,591,148 for 900 inmates and $2,879,053 for
1,000 inmates. The county prison population fluctuates between 900 and
1,000 inmates. No matter the outcome of the prison board meeting, majority
Commissioners Corey O'Brien and Mike Washo said
there isn't an extra $1 million in the county budget available to pay for
medical care at the prison. "I've said that relentlessly now, we can't
afford these proposals," Mr. Washo said. He
recommended scrapping all the proposals and starting over. "I don't
know where the money would come from, I have no idea, but we're not raising
the taxes." Epidarus Medical Management submitted
a proposal to offer services on an average of $3.1 million a year, with no
mention of an amount per inmate. Harrisburg-based Primecare
Medical, which manages medical care for 31 prisons, submitted a proposal
that would have cost on average $3.8 million a year for 850 inmates. In a
letter to the editor published in The Times-Tribune on Friday, minority
Commissioner A.J. Munchak questioned the county's
timing in filing a lawsuit against Correctional Care two days before
proposals were discussed by the prison board. Mr. Munchak
pointed out county solicitor Larry Moran is the brother-in-law of Epidarus owner, Dr. Conaboy.
As chief solicitor of litigation for the county, Mr. Moran handled filing
the lawsuit against Correctional Care. Asked Friday if he was suggesting
impropriety by Mr. Moran or the majority commissioners, Mr. Munchak would say only "the timing is
suspect." Mr. O'Brien and Mr. Washo called
any implication of impropriety "ludicrous." "A.J. must be
confusing us with his administration. I'm not going to dignify that kind of
comment with a response," Mr. O'Brien said. Mr. Washo
said the timing of the lawsuit was coincidental and the issues raised in
the lawsuit against Correctional Care had been developing for months. Mr.
Moran called Mr. Munchak's comments
"despicable" and said they were made to divert attention from
Correctional Care and its co-owner, Edward Zaloga,
M.D., a longtime friend of Mr. Munchak. "I
think his smokescreen bomb is a dud," Mr. Moran said. "It's a
transparent effort to divert scrutiny from his lifelong friend, a friend
who despite a ruling of the (state) open records office and a lawsuit has
refused to account for the expenditures of millions of dollars over five
years." Dr. Conaboy, who also denied any
impropriety. "More than half the city is related to me in someway," he said. "I will tell you I never
had a single discussion with anybody in the commissioner's office."
September 25, 2009 Scranton Times
A Lackawanna County Prison inmate made half a dozen requests seeking medical
help for a severe skin condition, but was ignored until the American Civil
Liberties Union intervened, an ACLU attorney said Thursday. The inmate's
condition became so severe it shocked Valerie A. Burch, an attorney with
the ACLU of Pennsylvania. "He looked like a burn victim," she
said. "He had severe psoriasis all over his body. His skin was cracked
and bleeding. It was immediately apparent this man was not getting the
treatment he needed." Prison advocacy group Pax
Christi and the ACLU of Pennsylvania brought the case of inmate Cal Burns,
32, to light after a decision by the Lackawanna County Prison Board to
negotiate a new contract with the current prison medical care provider,
Correctional Care Inc. The decision was made on a 5-2 vote, with majority
county Commissioners Corey O'Brien and Mike Washo
voting against negotiating with Correctional Care and discarding proposals
from three other medical care providers. Board members who voted for
retaining the company said they are satisfied with the medical care
provided at the prison. Told of the board's action, Ms. Burch said she was
surprised. The ACLU receives more inmate complaints about medical care at
Lackawanna County Prison than from any other prison in the state, she said.
Complaints are so common, she said, they are immediately assigned an
attorney, bypassing a standard screening process. "This is one
(prison) we've been watching because we do think the medical care at
Lackawanna County Prison is bad," Ms. Burch said. The ACLU and Pax Christi are each actively investigating complaints
at Lackawanna County Prison, according to officials at both organizations.
However, they said it is difficult to measure exactly how many complaints
they receive. Mr. Burns remains in the prison and could not be interviewed
Thursday. He gave Ms. Burch permission to speak with The Times-Tribune on
his behalf. Ms. Burch said she visited the prison in March to interview Mr.
Burns. The inmate's pain was so intense, he could not sleep, Ms. Burch
said. Mr. Burns submitted six requests for medical treatment over a period
of several weeks, she said, but prison officials failed to respond.
"Before jail, he was getting injections that kept him completely
healthy and normal," she said. "In prison, he wasn't getting the
same treatment. They reduced it to a cream, which was obviously
inadequate." Ms. Burch said she sent a letter to Warden Janine Donate,
threatening a cruel and unusual punishment suit if Mr. Burns did not
receive different treatment. Soon after, proper treatment was given, and
Mr. Burns has since recovered, Ms. Burch said. Citing medical privacy laws,
Ms. Donate refused to discuss Mr. Burns' case, or the claim his requests
for treatment went unanswered. She insisted Correctional Care provides
satisfactory medical care to inmates. The state Bureau of Corrections gave
Lackawanna County Prison a 100 percent rating in 2009 for an inspection
that included questions about medical care, she noted. "We've been
inspected on state and federal levels several times since 2004 ... and
we've never had any notable issues," she said. "So on an
objective level, yes, they're doing what they're
supposed to be doing within the standard of a medical provider of the
prison." Minority county Commissioner A.J. Munchak,
Judge Vito P. Geroulo, District Attorney Andy Jarbola, Controller Ken McDowell and Sheriff John
Szymanski - the prison board members who voted for negotiating a new
contract with Correctional Care - said they were unfamiliar with Mr. Burns'
case and stood by their votes Thursday. "There are a couple of people who are dissatisfied with the care and that's
the basis of (complaints)," Mr. Munchak
said. "The bottom line is medical complaints have decreased
substantially." Mr. Jarbola said claims made
by Pax Christi can't be trusted. "I don't
give Pax Christi any credibility
whatsoever," he said, declining to elaborate. He said he is unaware of
any ACLU concerns with the prison, but would be open to hearing about them.
Judge Geroulo, who regularly speaks with inmates,
said it is "extremely rare" he receives complaints about medical
care at the prison. "I get hundreds of letters per year directly from
prisoners, I question any prisoner before me that looks like they need
medical attention and I immediately speak with the warden if there is a
problem," the judge said. Judge Geroulo said
he is aware of inmate complaints about the types of medications they
receive. He said Correctional Care told him while some medications may have
different brand names, inmates are receiving the
same types and quality of medicine. The judge said he was unfamiliar with
Mr. Burns' experience, and could not comment. Pax
Christi has never been concerned with who is providing medical care at the
prison, said Joseph Rogan, Ed.D., president of the local chapter. "We've never
asked to have anybody replaced," he said. "What we've asked for
is good health care and we believe the county has a duty to take care of
their inmates."
May 7, 2008 The Times-Tribune
The medical care provider at Lackawanna County Prison filed a lawsuit
against the president of a local social justice advocacy group, alleging
defamation, slander and interference with contract because of a report that
blasted prison health care. Correctional Care Inc., of Moosic, filed a
three-count complaint against Joseph Rogan, Ed.D., seeking damages
in excess of $50,000. Mr. Rogan, who heads Pax
Christi of Northeastern Pennsylvania, said he had not seen the lawsuit as
of Tuesday afternoon. Pax Christi, an
international nonprofit Catholic organization that advocates peace, justice
and human rights, issued a report calling for major reform of the prison’s
medical care. Specifically, the lawsuit alleges tortious
interference with existing contractual relations, intentional interference
with prospective contractual relations, and defamation, libel and slander.
The report suggested prenatal care was inadequate and requests for medical
care were answered slowly, among other things. The report, based on
face-to-face surveys of 16 current or former inmates, also suggested distribution
of medication was deficient. “Mr. Rogan acted irresponsibly and without
sufficient due diligence in issuing his report, and as a result, has harmed
our client,” said attorney James Scanlon, representing CCI. Pax Christi submitted the report to the Prison Board on
Jan. 29. Warden Janine Donate subsequently issued a response dismissing the
allegations at a Prison Board meeting March 12. Minority Commissioner A.J. Munchak, who formerly served as Prison Board chairman,
had not seen the lawsuit but said he was surprised one hadn’t been filed
sooner.
March 13, 2008 The Times-Tribune
Several members of the Lackawanna County Prison Board on Wednesday
railed against a review of prison health care released last month by the
regional branch of an international social justice group. Pax Christi, a Catholic nonprofit group that advocates
peace, justice and human rights, undertook the project after the birth of a
baby in a prison cell in July. Among a multitude of Pax
Christi’s allegations rebutted by Warden Janine Donate were deficient
distribution of medication, ignored inmate requests for care and almost
nonexistent prenatal care. Ms. Donate assured the Prison Board that
pregnant inmates are given appropriate prenatal care and prenatal vitamins.
“As for the allegation that inmates are ignored and services have
significant delays, it’s simply not accurate,” she said. The survey’s eight
recommendations were based on 16 face-to-face interviews with current and
former inmates. Fourteen were current inmates interviewed by members of the
prison ministry program. However, Pax Christi was
denied access to prison inmates when Joseph Rogan, Ed.D., head of the
regional Pax Christi chapter, made the request in
December. Ms. Donate said she denied the request because she’d never met
Dr. Rogan and did not know who the other members of the review team were or
what qualifications they had to conduct a health care survey. District
Attorney Andy Jarbola, a member of the Prison
Board, questioned the qualifications of the review team and the way in
which the study was conducted. “I have a huge problem with this report,” he
said. “We have no idea whether these individuals have done such a survey in
any other prison or institution anywhere in Pennsylvania or the United
States.” Compared with the 5,000 inmates incarcerated since Correctional
Care Inc., of Moosic, took over the prison’s medical care, the number of
complaints was minuscule, Mr. Jarbola said. “If
you’re only talking about 16 complaints over 5,000, that’s less than
one-tenth of 1 percent of the individuals that were incarcerated,” Mr. Jarbola said. Other members of the health care review
team included the Rev. William Pickard, Joan Holmes, Sister Barbara Craig,
of the Sisters of Mercy, and Ann Marie Crowley. Members of Pax Christi were not specifically invited to
Wednesday’s Prison Board meeting. The group has not been contacted by
county officials and only knew the warden was reviewing its findings from a
Feb. 20 article in The Times-Tribune. Contacted later by phone, Dr. Rogan
said he hopes the commissioners send a response. “Nothing changes in terms
of our views,” Dr. Rogan said, adding that he expects the group will make a
decision about how to proceed at its next meeting March 26. “I would guess
(the group) would be interested in pursuing it further. It’s not expected
that we drop the ball now.” Minority Commissioner A.J. Munchak,
former Prison Board chairman, said the report should not have been given
credence by the board. “All it is, is a shot at
our prison and a shot at the doctor who’s running this,” he said of Dr.
Edward Zaloga, the prison’s medical director and
his longtime friend. “I think it’s absolutely terrible, and if it were up
to me, this wouldn’t have even been addressed here today in public.”
February 20, 2008 The Times-Tribune
County officials are mum on a report released by the regional chapter
of an international justice advocacy group that calls for a number of
reforms to medical care at Lackawanna County Prison. In a report released
to The Times-Tribune, Pax Christi of Northeastern
Pennsylvania alleges existing conditions such as heart problems and broken
ribs were not addressed when inmates arrived, distribution of medication
was deficient and sporadic, requests for medical care were answered slowly,
and prenatal care for pregnant inmates was almost nonexistent. The report,
based on face-to-face surveys of 16 current or former inmates, also
suggests medical care has been rationed to boost profits for the medical
care provider. “We feel there are very, very serious criticisms that need
to be followed up on,” said Father William Pickard, who serves as chaplain
for the county’s prison ministry program on behalf of the Diocese of
Scranton. Father Pickard also is a member of the regional chapter of Pax Christi, an international Catholic nonprofit group
that advocates peace, justice and human rights. Provider under fire --
Medical care at the prison is provided under contract by Correctional Care
Inc., of Moosic, a company co-owned by the prison’s medical director, Dr.
Edward Zaloga. The report says the relationship
is a potential conflict of interest and suggests that money not spent on
medical care results in higher profits for CCI. “It’s an inference, but it
would seem to be to his (Dr. Zaloga’s) advantage,
for example, not to fill medications,” said Joan Holmes, a member of Pax Christi and volunteer with the prison ministry
program. Attempts to reach Dr. Zaloga were
unsuccessful. It is not clear exactly how Dr. Zaloga
would directly benefit from limiting or denying care. Under its five-year
contract that expires Nov. 14, 2009, Correctional Care Inc. is paid a flat
fee of $250,000 a year regardless of medical expenses and is reimbursed
separately for all costs of medical care inside and outside the prison. The
report does say that inmates have “major consternation” with Dr. Zaloga and says the fact “that the person best
positioned to provide inmates with care was the one they most disrespected
was telling.” In the report — dated Jan. 29 — Pax
Christi recommended that the Prison Board hire an independent party to
evaluate the prison’s medical services. The purpose of the study is not
conflict, but change, said Mrs. Holmes. The idea for a review was triggered
by the birth of a baby in a prison cell on July 10, Father Pickard said.
Then-inmate Shakira Staten, 22, of Chambersburg,
accused Lackawanna County Prison officials of ignoring her repeated pleas
to go to the hospital before her daughter dropped from her womb and to the
floor of a cell monitored by a closed-circuit television camera. Although
the Prison Board initially denied the staff did anything wrong in that
incident, county officials later publicly apologized to Ms. Staten for what
happened. According to the report, Ms. Donate denied Pax
Christi access to current inmates. Father Pickard and Mrs. Holmes conducted
interviews during regular visits with prisoners as part of the prison
ministry program. Joseph Rogan, Ed.D., heads the regional chapter of Pax
Christi. Other members of the prison health care review team included
Sister Barbara Craig of the Sisters of Mercy and Ann Marie Crowley. Inmates
give examples -- The report details many complaints registered by the
interviewed inmates. Among them were the claims of two women who were
pregnant while incarcerated. The report says the pregnant inmates received
no checkups after entering the prison, and “received inconsistent prenatal
vitamins and received no prenatal care.” Another inmate reportedly claimed
that “medicines are routinely replaced or unavailable to save the (medical
care) firm money.” Several complaints were reported about a lack of
response to inmate requests to see a doctor or to file grievances about
medical care denials. “A few did get the care they requested ... ,” the report says. “Most, however, reported that
their requests were ignored, or, if addressed at all, only very slowly.
When they did get attention, in many cases no treatments were prescribed.
One (inmate) was told that he was just getting old.” The report said two
interviewed inmates independently confirmed that when one inmate they knew
filed a grievance about medical care, the “entire unit was locked down
while a guard read the details of the inmate’s complete medical history
over the intercom for all to hear.” None of the interview subjects is
identified in the report, and it contains a disclaimer that says some
responses “may have been colored by personal motives.” However, the
document also says that there were underlying themes amid the responses
that triggered the recommendations. “We thought there was enough of a
common thread there to release the report,” Father Pickard said. “I could
tell by (the inmates’) emotions that they were sincere, that they went
through a terrible ordeal. They weren’t play-acting. It was very obvious in
the interaction I had with them.” Prisoners faced possible retribution by
answering the survey questions, Father Pickard said. The committee recorded
a majority of the inmates’ names, and Father Pickard said the committee
verified what inmates told them “as best they could.” However, Mrs. Holmes
admitted they did not have a way to verify all claims. Pax
Christi received 38 responses when input was solicited, but was only able
to interview 16 people because of time and logistical constraints. Of the
16 people who responded, 14 were current inmates. The report recommends
that the Prison Board: Review the prison’s inmate intake procedures. Review
the prison’s medical response procedures. Review the possibility that
inmates with mental health issues could be better placed. Review whether
inmates who have substance-abuse problems could be served through treatment
and education. Review the prison’s policies and procedures related to
pregnant inmates. Review the prison’s food-service system to determine
whether inmates receive proper nutrition. Officials
not talking -- County communications director Lynne Shedlock
said the study was referred to Prison Warden Janine Donate, who was not
immediately available for comment. “There is no further comment until the
warden has had a chance to review it,” Ms. Shedlock
said. “She’ll present a report back to the Prison Board at the appropriate
time.” Majority Commissioner Mike Washo, who
chairs the board, was out of town and not available for comment. Minority
Commissioner A.J. Munchak, who served as Prison
Board chair when he was majority commissioner through last year, deferred
questions to Mr. Washo. “Any official response
has to come from the chairman,” Mr. Munchak said.
Commissioner Corey O’Brien, also a member of the Prison Board, declined
comment as well. In addition to the three county commissioners, the Prison
Board includes District Attorney Andy Jarbola,
Sheriff John Szymanski , Judge Vito Geroulo and County Controller Ken McDowell. Mr.
McDowell said he read the study and anticipates the warden will review it
and make a report to the Prison Board. Efforts to reach Mr. Jarbola, Mr. Szymanski and Judge Geroulo
were unsuccessful.
August 18, 2007 Times-Tribune
The Lackawanna County Prison’s medical director was fired from a similar
post at a Pittsburgh-based health care services company in 1999 in an
apparent dispute over a new treatment for hepatitis C in state prisons the
company served. Company officials could not be reached to explain his
termination, but in a lawsuit later filed against the company, Dr. Edward
J. Zaloga claimed he was fired because he
disagreed with a plan to begin treating the liver disease with a then-new,
unproven drug that ultimately would be a waste of taxpayer money. The
treatment “would waste more than $7 million of the (state) taxpayers’ money
on unnecessary and unwarranted medical treatment,” he charged in a suit
filed against Wexford Health Sources Inc. in November 1999. He claimed in
his suit that his management practices had created a profit for the company
of $4.1 million, and the company — which at the time was trying to get the
state to pay for the new treatment — feared it might have to pay for
treating inmates if the state found out about its profits. He was fired for
raising the concerns, he alleged. The suit demanded more than $1 million in
unpaid wages, expenses, lawyer’s fees and punitive damages. The company, in
its legal responses, denied earning anywhere near $4 million. It denied his
other claims as well. County judges rejected Dr. Zaloga’s
suit in separate rulings in 2002 and 2004 with one judge writing that Dr. Zaloga failed to establish “a report of wrongdoing ...
or waste.” Wexford in its legal filings acknowledged firing Dr. Zaloga but did not say why. Dr. Zaloga
is now co-owner of a company, Correctional Care Inc., of Moosic, that
provides medical services to county prison inmates, and oversees those
services. A former inmate, Shakira Staten, 22, a
federal prisoner who gave birth at the prison July 10 and has since been
transferred to Adams County Prison to await sentencing, has sued him, the
company and the prison in federal court. She claims she was a victim of
cruel and unusual punishment because her pleas to be taken to the hospital
when she went into labor were ignored and she had the baby alone in a cell.
The county Prison Board this week apologized for the way she treated and
blamed a Correctional Care nurse for “serious errors of judgment” that
included failing to properly monitor her labor and unnecessarily delaying
taking her to the hospital. The board barred the nurse from working in the
prison. A secretary in the company’s office said Dr. Zaloga
was not available for comment and would only reply to written questions. A
secretary at Wexford Health Sources said no company officials would be
available to comment until next week. Dr. Zaloga
was Wexford’s regional medical director for its central Pennsylvania
operations from Feb. 1 to Sept. 29, 1999, the day the company’s operations
director dismissed him, according to court records.
November 24, 2004 Scranton Times Tribune
PrimeCare Medical Inc., the Harrisburg company
that lost out last month on a lucrative contract for medical care at the
Lackawanna County Prison, hit the county with a $926,000 lawsuit
Tuesday. PrimeCare
President Carl A. Hoffman claims county officials, namely Commissioner
Robert C. Cordaro, breached an oral agreement
with him when they hired another company to take over prison medical
services. Earlier this year, PrimeCare said it
would forgive about $400,000 in outstanding bills in exchange for a new
five-year contract, according to the lawsuit.
The county paid PrimeCare $900,000 instead of the
$1.3 million owed and later awarded the health care contract to a local
upstart company, Correctional Care Inc.
October 15, 2004 Scranton Times Tribune
Divided on the issue days ago, Lackawanna County Commissioners voted
unanimously Thursday to award a multimillion-dollar prison health-care
contract to a new, local provider instead of the veteran incumbent company.
Correctional Care Inc., of Moosic, was founded four months ago by Dr.
Edward Zaloga and investors Joseph Compagnino, William Drazdowski
and Ronald Halko for the sole purpose of taking
over medical operations at the county jail. The upstart company beat out PrimeCare Medical Services of Harrisburg for the
five-year service contract. Having no experience to draw on, the
company was unable to estimate its annual cost, Commissioner A.J. Munchak said. PrimeCare has been the
prison's health-care provider since 2001. It has been working without a
contract since January and proposed a $5.4 million five-year contract. The
question of the contract had been hotly contested since May, when PrimeCare officials answered the Prison Board about
concerns raised in a county grand jury report. In it, jurors cited
"failure to adequately treat inmates for serious medical
conditions" and "failure of medical staff to report, document or
question suspicious injuries."
|
